Mangino v. Inc. Vill. of Patchogue, No. 14-3253 (2d Cir. 2015)
Annotate this CasePlaintiff appealed the district court's dismissal of his complaint against the Village and the Village Fire Marshal on plaintiff's retaliation and abuse-of-process claim. The court (1) affirmed the dismissal of plaintiff's First Amendment retaliation claim, as the criminal summonses on which it is premised were supported by probable cause, the issuance of the non‐criminal Fire Prevention Violation Order on which it is premised was otherwise justified, and plaintiff has not made any argument that the issuance of the Fire Prevention Violation Order was significantly more serious than other action the Marshal had discretion to take; (2) affirmed the district court's dismissal of plaintiff's abuse‐of‐process claim on qualified‐immunity grounds because, at the time of the alleged conduct, although there was a clearly established right to be free from abuse of process under New York law, there was no clearly established right to be free from abuse of process where probable cause existed; and (3) affirmed the denial of plaintiff’s motion to set aside the verdict and for a new trial because it is clear that, when read in context, the district court’s jury instructions were not erroneous.
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